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Declaratory Judgments in California

Posted by Raoul Severo | May 14, 2020 | 0 Comments

What is a Declaratory Judgment?

It refers to a judgment that is issued by a court that establishes and outlines the obligations and rights of each party in a contract. A declaratory judgment is legally binding and has the same result and power than a final judgment. These judgments are also known as a declaration or declaratory relief. 

Nature and purpose of a Declaratory Judgment

If we observe the nature of the declaratory judgment then we can say that a judgment issued by the court defines the rights and obligations for each party to answer any legal question that may arise. It is different from other judgments because it doesn't include the order but just to declare the title or legal entity on a subject matter. The declaratory judgments are conclusive and legally binding.and It doesn't award the damages.

Its purpose is to affirm the rights, duties, and obligations by court's decision. The following are the purposes

  • Resolve the legal uncertainty
  • Define and determine the rights and duties
  • Provide the answer to the legal question at the stage of a suit
  • Aware the parties about their legal rights, duties and obligation
  • Finalize or determine the legal status of an entity or person, and legal title
  • Binding the parties about their rights and duties
  • Give opinion on the dispute by applying the law to define the issue and then make the order to ascertain the law and its enforcement

Effects and Outcomes of a Declaratory judgment:

The declaratory judgment provides the rights of the individual or other legal entity. This finish the ambiguity and interpretation  in the law, and statutes according to their objects

  • Clear the issue/dispute regarding legal provisions
  • Rights and duties assigned
  • Certain of the law and legal question
  • Binding and enforcement of the judgment

As was said before, with this declaration the courts determine by the law the rights and duties of each party in a contract. Although it answers the legal problems relating to any subject and cause of action it does not award damages or remedies.

Conclusion

Declaratory judgment and injunction Order (Injunctive Relief) are different in nature but same in purpose. The effects and outcomes may be varying according to situation and requirements. The judgment doesn't award the remedies but the injunctive relief awards the remedies on the temporary or permanent base. So, after analyzing both judgments and injunction orders we can say that the declaratory judgment and injunction order are meant to give relief to the applicant or defendant by putting the terms according to requirements. So, at the end the Declaratory Judgment and Injunctive Relief have the purpose objects but are different in nature, scope, outcomes, and effects on the participants.

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